DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Application Status
Amended claim 40-44 and new claim 49 are under examination.
Claim 1-39 and 45-48 are cancelled.
Claim 40-44 and 49 are rejected.
Withdrawn Rejections
The objection set forth in previous office action over claim 40 and 41 have been withdrawn in light of Applicant’s amendments.
The 112, second paragraph rejection over claim 40-44 as set forth in previous office action, have been withdrawn in light of Applicant’s amendments.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 40-44 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vrljic et al. (US 2018/0027851).
Regrading claim 40 and 44, Vrljic et al. (Vrljic) discloses a consumable product, a meat substitute comprising entirely plant-based proteins and fats (plant-based meat substitute (‘851, [0015], [0076]). Vrljic discloses the consumable product comprises isolated and purified protein, hemoprotein (‘851, [305]) obtained from plant, fungus (‘851, [308]) from transgenic plant cells (‘851, [0123], [0139] in media (slurry/cultured cell lines) (‘851, [0370]); wherein the isolated and purified protein, hemoprotein is also considered an yeast extract (‘851, [0112], [0123], [0129], [0139]). Vrljic discloses the consumable product comprising organic acids (‘851, [0172]); vitamins (‘851, [0108]); salts (‘851, [0022]); plant proteins (‘851, [0018]); sugar, sucrose (saccharide) (‘851, [0017]; plant fibers (‘851, [0152]); vegetable oil (‘851, [0018]; and emulsifier (‘851, [0017]). Vrljic discloses the consumable product, a meat substitute having organoleptic and physiochemical properties characteristics of meat products (‘851, [0089]-[0092], [0099]).
With respect to new limitation “…further wherein said slurry of transgenic plant is derived from a plant cell powder…” in claim 40 and recitation of claim 44 with respect to the “plant cell powder…”, are directed to the plant cell powder which is an intermediate product, within the slurry of the claimed finished product; Vrljic’s transgenic plant cells (‘851, [0123], [0139] in the media (slurry/cultured cell lines) (‘851, [0370]) encompasses the limitation set forth in claim 40 and 44.
Regarding claim 41, 42, and 43, Vrljic discloses the consumable product comprises the isolated and purified protein, hemoprotein (‘851, [305]) is hemoglobin, myoglobin (‘851, [0107], [0127], [0128]). With respect to claim 42 and 43, as Vrljic’s hemoglobin, myoglobin (‘851, [0107], [0127], [0128]) has been taught and meets the limitation as recited in claim 41, with respect to claim 42 and 43 with components listed as an alternative and never specifically claimed as being present then claims 42 and 43 are rejected for the same reasons as claim 41 with Vrljic’s hemoglobin, myoglobin (‘851, [0107], [0127], [0128]) being the taught element.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 49 is rejected under 35 U.S.C. 103 as being unpatentable over Vrljic et al. (US 2018/0027851).
Regarding claim 49, Vrljic discloses the claimed invention as discussed above. Vrljic discloses the plant isolated and purified protein, hemoprotein with an amino acid sequence set (‘851, [0130]-[0131]). Vrljic does not explicitly disclose a nucleic acid sequence having at least 90% homology as recited in claim 49. However, it would have been obvious to one of ordinary skill in the art to adjust Vrljic’s isolated and purified protein, hemoprotein to express a nucleaic acid sequence having at least 90% homology since Vrljic clearly teach the plant hemo-containing proteins, myoglobin having at least 100% sequence identity (‘851, [0131]) with a heme-binding motif.
Response to Arguments
Applicant's arguments filed 09/09/2025 have been fully considered but they are not persuasive. In response to the new limitation “…further wherein said slurry of transgenic plant is derived from a plant cell powder…” in claim 40 and recitation of claim 44 with respect to the “plant cell powder…”, are directed to the plant cell powder which is an intermediate product, within the slurry of the claimed finished product; Vrljic’s transgenic plant cells (‘851, [0123], [0139] in the media (slurry/cultured cell lines) (‘851, [0370]) encompasses the limitation set forth in claim 40 and 44.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/HONG T YOO/Primary Examiner, Art Unit 1792